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Overview

Calfee’s Public Utility, Energy, and Telecommunications Litigation practice group is exclusively focused on the unique issues faced by public utilities, their customers, and market competitors. Calfee attorneys have been involved in many of the significant regulatory cases in Ohio, Indiana, Illinois, and FERC, and have litigated utility-related claims in state and federal courts in multiple states. There is a reason our clients have trusted us with their multi-billion-dollar litigation.

Calfee’s Public Utility, Energy, and Telecommunications Litigation group recognizes that public utility litigation is unique. Public utility litigation involves all of the issues of traditional litigation, demanding counsel with experience in litigating major cases. However, utility litigation also involves a host of interactions with governmental authorities, a significant factor that is not present in traditional litigation. 

Utilities must also be conscious of the potential impact that regulatory litigation may have on Commission staff, the Power Siting Board, local governments, and potential legislative involvement. Calfee’s knowledge and expertise in this area allow us to be a full-service provider, structured and operated in a manner that recognizes that utility issues significantly impact the public and, therefore, have fundamental governmental implications.

We have represented one of the nation’s largest electric utilities, municipal electric utilities, municipal water and sewer utilities, cooperatives, natural gas distribution companies, intrastate natural gas pipelines, local telephone and cellular telecommunications carriers, brokers, and industrial customers.

Our attorneys operate in concert with the firm’s Government Relations and Legislation group. This team approach allows us to achieve timely results that meet our clients’ immediate, strategic, and long-term needs. We recognize that our clients’ issues are best served when regulators, customer advocates, elected officials, and their staff are fully informed. Accordingly, we make our clients’ views and concerns known to and understood by regulatory and elected decision-makers at all levels through both formal advocacy and lobbying efforts.

We use our broad governmental, financial, corporate, litigation, and public law experience to provide innovative, business-oriented solutions to the complex issues that confront our clients.

Noteworthy

Chambers USA Leading Law Firm Rankings

Calfee is recognized as a Leading Law Firm in Energy & Natural Resources by Chambers USA 2023 in Band 1 in the states of Indiana and Ohio and in Litigation: General Commercial in Band 3 in Ohio. 

The following Energy and Utilities attorneys are ranked by Chambers USA 2023:

  • Phillip A. Casey – Energy & Natural Resources, Band 1: Indiana
  • James C. Holsclaw – Energy & Natural Resources, Band 2: Indiana
  • James F. Lang – Energy & Natural Resources, Band 1: Ohio

Best Lawyers® “Best Law Firms” Rankings

Calfee was selected for inclusion in the 2024 "Best Law Firms" rankings in Energy Law (Regional Tier 2 Cleveland) and Energy Regulatory Law (Regional Tier 1 Cleveland) and numerous Litigation practice areas.

Benchmark Litigation Rankings

Calfee was selected for inclusion by Benchmark Litigation 2024 as a Highly Recommended Law Firm in Dispute Resolution in Ohio. Additionally, 14 of Calfee's Litigation partners have been ranked by Benchmark Litigation as "Litigation Stars" in the U.S. (National), Midwest, and Ohio and as “40 & Under" and "Future Stars" Honorees.

  • Chambers USA 2023 A Firm Badge

Professionals

Experience

Experience

  • Representing electric utility seeking Public Utilities Commission of Ohio (PUCO) approval of a multi-billion-dollar electric security plan under R.C. 4928.143 or market rate offer under R.C. 4928.142.
  • Obtaining state regulatory commission approval that allowed an incumbent carrier to withdraw mandatory yet uneconomic services, saving millions annually.
  • Led the prosecution of a FERC interstate pipeline rate case, exceeding client goals and obtaining a $100,000 award against an Intervenor for frivolous claims.
  • Representing a municipal electric utility in a $128 million class action alleging improper billing practices.
  • Representing gas utility client in a rate proceeding receiving Illinois’ first-ever order approving a gas energy efficiency program.
  • Representing a regional transmission organization in complaint proceedings before FERC and in appeals before the United States Court of Appeals for the D.C. Circuit.
  • Representing one of the nation’s largest utilities in a multi-million-dollar breach of contract dispute, achieving a settlement worth $200 million to the client.
  • Defending public utilities against wrongful death, personal injury, and property damage actions at the trial court level and on appeal in multiple jurisdictions including Ohio, Illinois, Indiana, West Virginia, Pennsylvania, and New Jersey.
  • Representing competitive retail electric service provider in proceedings challenging terms of electric utilities’ electric security plans and contesting an electric utility’s need to construct a solar facility to satisfy alternative energy portfolio standards.
  • Representing electric utility in proceedings seeking approval of $250 million Energy Efficiency and Peak Demand Reduction Portfolio Plans mandated by Ohio law.
  • Led the successful negation of a FERC audit penalty, achieving a 70% reduction in the amount sought by the Office of Enforcement.
  • Successfully litigated utility tax overcharge for municipal taxes at the state regulatory commission.
  • Representing national environmental organization before the Ohio Power Siting Board regarding the construction of a natural gas-fired power station adjacent to wetlands.
  • Representing Ohio political subdivisions before the Ohio Power Siting Board regarding the construction of a natural gas pipeline through the political subdivisions.
  • Representing a utility client in a contested matter achieving reversal of a $25 million rate base ruling in a rate case proceeding.

Resources

Resources

Additional information may be found via the following websites:

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    "The entire Litigation team provides outstanding legal services."

    Client quote, Chambers USA

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